Korean Job Discussion Forums

[chasingdreams]

Hi...to all you vets. I just wondered what you guys make of this contract?


WITNESS
Each English language instructor recruited and approved by Employer to teach the English language shall be directly employed by Employer under an employment agreement between Employer and each such particular instructor. WHEREAS, Employee has been selected and approved by Employer, to teach the English language at the Place of Employment, the Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE: Employer hereby employs Employee to teach the English language in the form and manner and under the terms and conditions set forth here in this Agreement. Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth in this AGREEMENT.

2. PLACE OF EMPLOYMENT: Employee will be employed to teach the English language at the address of the principal office or branch as above (hereinafter referred to as - "Place of Employment"). Employee may be required or requested to teach the English language outside and apart from the place of employment.

3. DUTIES OF EMPLOYEE:

3.1 During the term of this Agreement, Employee will accept, obey, and strictly comply with instructions, supervision, training, and discipline of the Academic Supervisor and will carry out such assignments as the Academic Supervisor directs. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor. The Academic Supervisor is responsible for establishing Standards of Performance relative to the Employee and is empowered to take all reasonable steps necessary to assure those standards are met.

3.2 During the term of this AGREEMENT, the Employee will be required to perform work assigned him/her by the Academic Supervisor for 35 classes each week. Work days are from Monday to Friday. No regular schedule of work hours can be guaranteed to Employee unless otherwise approved by the Academic Supervisor.

3.3 In the event that the teaching classes are 35 teaching classes each week, Employee will be required to be on the premises to perform other teaching-related duties to meet 35 teaching classes each week.

3.4 In addition to the aforesaid 35 classes each week, the academic Supervisor will have the authority to require Employee to perform any classroom duties in hours in excess of 35 classes per (hereinafter called overtime). Only classroom teaching hours in excess of 35 classes per week and approved by the Academic Supervisor are considered overtime. Employee will be paid in addition, over and above the salary set forth herein below, at the rate of 15,000 Won for each class of overtime.

3.5 At all times during the term of this AGREEMENT, Employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by Employer for the conduct of Employee or generally for the conduct of instructors at the Place of Employment.

3.6 Employee understands and agrees that at all times during the term of this AGREEMENT Employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.


3.7 Employee will be present at the Place of Employment and available to perform regular or special duties as specified herein above except for those days which are Employees regular or assigned holidays, Employees paid sick leave days, or other days on which the Employee is too ill to attend the Place of Employment as provided herein below.


4. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE

4.1 Salary. Employer will pay as compensation for all services rendered the total aggregate monthly salary of 2.0 million Won each month of the contract period with Employer. Payment for part of month of employment (at commencement and termination) will be calculated on the number of days employed. Payment of the aforesaid salary will be made in Won. This salary will be paid on the 1st day-of each month. Korean income taxes will be withheld.

4.2 Holidays. Employee will observe Korean holidays as scheduled by the Employer and in a yearly calendar.

4.3 Paid sick leave.

4.3.1 Employee will be paid at the normal salary rate from duties due to illness or accident (sick leave). Absence with pay is limited to 4 days for the full contract period. For absences in excess of the four day allowance, salary will not be paid.

4.3.2 Employee must provide a medical certificate in order to be eligible for paid sick leave. In the absence of a medical certificate, payment will be withheld for the complete and full period of absence. In the event that the salary paid to the substitute teacher is higher than the normal salary rate, Employee will be responsible for the salary paid to the substitute teacher.

4.3.3 Unused sick leave may not be taken as vacation leave.

4.4 Severance payment. Dependent upon completion of the full contract period, the Employee will be given, exclusive of monthly salary payment an additional one month salary of 2.0 million Won at the completion of this contract with the Employer as severance payment. Korean severance tax will be withheld.

4.5 Housing. Employer will select and provide living accommodations for Employee. The accommodations may be a two or three bedroom apartment, or in a two or three bedroom house. Apartments and houses are shared by two or three employees. Selection of such an apartment will be made by the Employer. The cost of monthly service, utility, and telephone charges, for the accommodation provided will be paid by the employees. All bills must be bought to the school and will be deducted from the employee�s monthly salary.
Upon arrival, the employee's accommodation will be inspected and check-listed. On the employee�s departure, if any of the check-listed items have been altered or damaged, the cost of these alterations or damages will be deducted from the employee�s deposit.

4.6 Security Deposit. Employee agrees to the withholding from salary payments of a security deposit to cover penalty payments for Employees default on contract agreement. Such deposit amounts to 300,000 Won and is deductible from Employees salary during the first three salary payments of employment. Employer will hold the full amount of the security deposit until termination of contract. Amounts will be deducted for any violations of 4.5 Housing section.

4.7 Transportation. Employer will reimburse one half of the Employees direct round-trip economy-class ticket from an international airport in Employees country of origin to Seoul, Korea when the Employee arrives in Korea. In the event Employee completes the full contract period, Employer will reimburse the remaining half-cost of the round-trip ticket. The reimbursement will be calculated according to a policy exchange rate.

4.8 Health insurance. Half of all medical bills will be covered by Employer. Employee must first consult a local clinic with the Academic Supervisor. Hospital visits must be recommended by the local doctor.


4.9 Vacation. Employee will receive 10 paid vacation days during the contract year. Two days will be taken during the Korean school summer vacation and one day during winter vacation. One these days the school will be closed. Other vacation days can only be taken as scheduled by Employer.

4.10 Training period. Employee will receive up to two weeks in training. If no training period is allotted, full salary will be given to Employee.


5. TERM OF AGREEMENT: The term of this agreement is approximately one year commencing from the date of arrival , 2006

6. DISMISSAL OR VOLUNTARY RESIGNATION.

6.1 Employer will have the right to dismiss employee for neglect, for unwillingness, or inability to meet conditions of employment as set out under this AGREEMENT. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same. In the event of serious Employer dissatisfaction the Employee will be given a written warning. If the Employee receives two such warnings and Employer dissatisfaction remains. Employee will be dismissed and Employees security deposit shall be forfeited. Criminal activity or other conduct seriously jeopardizing any student or staff person, or the reputation the Employer will be cause for immediate dismissal and no warning or time for remedy will be allotted.

6.2 In the event that the Employee voluntarily resigns prior to the termination of the term of this AGREEMENT, the Employee agrees to give minimum of one months notice in writing.

6.3 In the event that the Employee is dismissed for any of the reasons set forth in 6.1 herein above, or the event that the Employee voluntarily resigns prior to the termination of the term of this AGREEMENT, the Employee agrees, and will be obligated to pay Employer a penalty payment for default on contract amounting to 80.000 Won for each month remaining in the contract term at the time of termination. Also, Employer will have no duty and will not obligated to pay the cost of return transportation, nor will Employer be obligated to pay any severance pay.


7. COVENANTS

7.1 Employee hereby agrees, covenants, and undertakes that he/she will undertake any teaching duties or employment with any persons or organizations other than the Employer. Failure to comply with this article is cause for immediate dismissal.

7.2 Employee hereby agrees, covenants, and undertakes that at all times during the term of this AGREEMENT or subsequent to the termination of the AGREEMENT the Employee will not use the name of the Employer for business purpose or otherwise and will not represent or hold himself/herself as an authorized representative of the Employer in Korea.

7.3 Unless otherwise agreed to in writing, the Employee understands and accepts that the right to use, sale, distribution, or publication of all original material produced by the Employee during the course of Employees employment, and for which the Employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of Employer.

8. ASSIGNMENT: Any assignment, attempted assignment, transfer, or attempted transfer of this AGREEMENT or of the performance of duties and obligations hereunder will immediately terminate this AGREEMENT, unless the parties hereto expressly agree in writing otherwise.

9. NOTICES: All notice to be given under this AGREEMENT will be given in writing by serving the same upon the person to whom the notice is addressed personally or by registered mail at the address of such party governed in this AGREEMENT, or for Employee once in Korea, as notified to Employer.

10. INDEMNIFICATION CLAUSE

10.1 Employee will indemnify and hold harmless Employer for any damages will Employee may sustain, in any manner, through the misconduct or negligence of Employee.

10.2 Employee will indemnify and hold harmless Employer and Employers representatives from any damages which Employee may sustain, in any manner, through refusal by the Government of Korea to permit entry into the Republic.

11. WAIVER: The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this AGREEMENT will not be construed as waiver of the same or the right of such party to enforce the same.

12. GOVERNING LANGUAGE: This AGREEMENT has been drawn up and has been executed in the English language, and the English language text of this AGREEMENT will govern and prevail over any translations thereof.

13. GOVERNING LAW AND JURISDICTION: This AGREEMENT will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, in connection with, this AGREEMENT.

Employer and Employee have executed this AGREEMENT on the date indicated below, intending to be legally bound hereto, and IN WITNESS WHEREOF, Employer and Employee have appended their signatures.


Employer Employee
_________________________________ ______________________________
Date Date

[Milwaukiedave]

[Pink Freud]

I wouldn't sign it.
You can do better.

Siggy

[Big Mac]

This is a crappy contract. There are a lot of red flags in it.

3.3--This could mean that you will be required to be available 24 hours a day, Monday to Friday. The fact that they won't give you a set schedule means that you may have crazy split shifts...like be required to teach at 6 a.m., have a huge break and start again at 6 p.m. Not a good sign.

3.4--Forced overtime is illegal. They are also offering you a puny overtime rate. 20,000-25,000 is better. But you have the right to say no.

3.5--They can't decide to change the rules later. Whatever rules they want you to abide by, they should put them here and leave it at that.

3.7--same as 3.3.

4.1--They should be stating the tax rate, otherwise they'll charge you too much and pocket the rest. 1.6 per cent is all they should be charging you.

4.5--I would say no to shared accommodations. There are lots of single-accommodation jobs out there.

4.7--You shouldn't have to shell out any money for a ticket. They should take care of that themselves.

4.8--This is where he's starting to get really fishy. They are trying to avoid signing you up for the National Medical Plan, which is mandatory. You pay 2.4 per cent, he pays 2.4 per cent. If an employer wants to pay your medical bills for you, there is something very fishy.

I notice there is no mention of pension in this contract either...and that's likely why he wants to avoid the National Medical Plan. If he signs you up, it notifies the pension people you are around too. But you want the pension plan if you are from North America, as you can get a lump sum refund when you leave Korea. You pay 4.5 per cent of your monthly pay and so does he. It's a very nice bonus at the end of your stay. Don't let him get away with that.

7.1--He can't lease you out to other employers. Your Visa only allows you to work for one employer. He can't fire you for saying no. This is a ridiculous clause and a serious red flag.

DO NOT SIGN THIS CONTRACT!!!!!!!!!!!!!!!

[Grotto]

WITNESS
Each English language instructor recruited and approved by Employer to teach the English language shall be directly employed by Employer under an employment agreement between Employer and each such particular instructor. WHEREAS, Employee has been selected and approved by Employer, to teach the English language at the Place of Employment, the Employer and Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE: Employer hereby employs Employee to teach the English language in the form and manner and under the terms and conditions set forth here in this Agreement. Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth in this AGREEMENT.

Kind of stating the obvious twice


2. PLACE OF EMPLOYMENT: Employee will be employed to teach the English language at the address of the principal office or branch as above (hereinafter referred to as - "Place of Employment"). Employee may be required or requested to teach the English language outside and apart from the place of employment.

Only if they get an okay(stamp on your ARC) from immigration, for each and every seperate location!

3. DUTIES OF EMPLOYEE:

3.1 During the term of this Agreement, Employee will accept, obey, and strictly comply with instructions, supervision, training, and discipline of the Academic Supervisor and will carry out such assignments as the Academic Supervisor directs. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor. The Academic Supervisor is responsible for establishing Standards of Performance relative to the Employee and is empowered to take all reasonable steps necessary to assure those standards are met.

Once again an area where Koreans mistake foreigners for slave labour! Duties should be listed clearly, workshops should be noted by time and dates as well as any staff meetings! The standard of performance should be part of the contract...not something they make up to suit their whims!

3.2 During the term of this AGREEMENT, the Employee will be required to perform work assigned him/her by the Academic Supervisor for 35 classes each week. Work days are from Monday to Friday. No regular schedule of work hours can be guaranteed to Employee unless otherwise approved by the Academic Supervisor.

Anyone who works more than 5-6 classes a day is a sap!(unless appropriately compensated) Anyone who signs a contract with a clause like that in it, is stupid and deserves their misery!

3.3 In the event that the teaching classes are 35 teaching classes each week, Employee will be required to be on the premises to perform other teaching-related duties to meet 35 teaching classes each week.

So, meetings and prep count towards this 35 classes a week number?(not freakin likely!) Crap contract! I wouldnt sign it just on the premise of the previous two clauses!

3.4 In addition to the aforesaid 35 classes each week, the academic Supervisor will have the authority to require Employee to perform any classroom duties in hours in excess of 35 classes per (hereinafter called overtime). Only classroom teaching hours in excess of 35 classes per week and approved by the Academic Supervisor are considered overtime. Employee will be paid in addition, over and above the salary set forth herein below, at the rate of 15,000 Won for each class of overtime.

Forced overtime is illegal(whoever wrote this contract is a moron!) overtime rate is crap as well!

3.5 At all times during the term of this AGREEMENT, Employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by Employer for the conduct of Employee or generally for the conduct of instructors at the Place of Employment.

Sorry but any rules and regulations should be listed clearly in the contract.....what happens after the date of the signing of the contract can be negotiated but in no uncertain terms should one agree to crap like this!

3.6 Employee understands and agrees that at all times during the term of this AGREEMENT Employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.

Fair enough...how about we change it to Employee and Employer


3.7 Employee will be present at the Place of Employment and available to perform regular or special duties as specified herein above except for those days which are Employees regular or assigned holidays, Employees paid sick leave days, or other days on which the Employee is too ill to attend the Place of Employment as provided herein below.


4. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE

4.1 Salary. Employer will pay as compensation for all services rendered the total aggregate monthly salary of 2.0 million Won each month of the contract period with Employer. Payment for part of month of employment (at commencement and termination) will be calculated on the number of days employed. Payment of the aforesaid salary will be made in Won. This salary will be paid on the 1st day-of each month. Korean income taxes will be withheld.

Crap pay for 35 classes a week...especially since you dont know how long each class will last! You would also want this changed to WORKING DAYS EMPLOYED!.....otherwise they will deduct for holidays and weekends!

4.2 Holidays. Employee will observe Korean holidays as scheduled by the Employer and in a yearly calendar.

Would be nice to see a copy of this calendar!

4.3 Paid sick leave.

4.3.1 Employee will be paid at the normal salary rate from duties due to illness or accident (sick leave). Absence with pay is limited to 4 days for the full contract period. For absences in excess of the four day allowance, salary will not be paid.

4.3.2 Employee must provide a medical certificate in order to be eligible for paid sick leave. In the absence of a medical certificate, payment will be withheld for the complete and full period of absence. In the event that the salary paid to the substitute teacher is higher than the normal salary rate, Employee will be responsible for the salary paid to the substitute teacher.

No way Jose! Bolded part illegal! You should also only have to provide a medical certificate if you miss 2 or more consecutive days!

4.3.3 Unused sick leave may not be taken as vacation leave.

4.4 Severance payment. Dependent upon completion of the full contract period, the Employee will be given, exclusive of monthly salary payment an additional one month salary of 2.0 million Won at the completion of this contract with the Employer as severance payment. Korean severance tax will be withheld.

4.5 Housing. Employer will select and provide living accommodations for Employee. The accommodations may be a two or three bedroom apartment, or in a two or three bedroom house. Apartments and houses are shared by two or three employees. Selection of such an apartment will be made by the Employer. The cost of monthly service, utility, and telephone charges, for the accommodation provided will be paid by the employees. All bills must be bought to the school and will be deducted from the employee뭩 monthly salary.

Just say no to shared accomodations!

Upon arrival, the employee's accommodation will be inspected and check-listed. On the employee뭩 departure, if any of the check-listed items have been altered or damaged, the cost of these alterations or damages will be deducted from the employee뭩 deposit.

4.6 Security Deposit. Employee agrees to the withholding from salary payments of a security deposit to cover penalty payments for Employees default on contract agreement. Such deposit amounts to 300,000 Won and is deductible from Employees salary during the first three salary payments of employment. Employer will hold the full amount of the security deposit until termination of contract. Amounts will be deducted for any violations of 4.5 Housing section.



4.7 Transportation. Employer will reimburse one half of the Employees direct round-trip economy-class ticket from an international airport in Employees country of origin to Seoul, Korea when the Employee arrives in Korea. In the event Employee completes the full contract period, Employer will reimburse the remaining half-cost of the round-trip ticket. The reimbursement will be calculated according to a policy exchange rate.

No, the ticket will be reimbursed according to the cost of the ticket! PERIOD!

4.8 Health insurance. Half of all medical bills will be covered by Employer. Employee must first consult a local clinic with the Academic Supervisor. Hospital visits must be recommended by the local doctor.

No! Medical insurance will be provided according to KOREAN LAW! 50% paid by the teacher and 50% paid by the institute!


4.9 Vacation. Employee will receive 10 paid vacation days during the contract year. Two days will be taken during the Korean school summer vacation and one day during winter vacation. One these days the school will be closed. Other vacation days can only be taken as scheduled by Employer.

Go freak yourself! Vacation is for the employee!!! Not the employer! Super crap contract!

4.10 Training period. Employee will receive up to two weeks in training. If no training period is allotted, full salary will be given to Employee.

And if a training period is alloted??? What then?


5. TERM OF AGREEMENT: The term of this agreement is approximately one year commencing from the date of arrival , 2006

6. DISMISSAL OR VOLUNTARY RESIGNATION.

6.1 Employer will have the right to dismiss employee for neglect, for unwillingness, or inability to meet conditions of employment as set out under this AGREEMENT. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same. In the event of serious Employer dissatisfaction the Employee will be given a written warning. If the Employee receives two such warnings and Employer dissatisfaction remains. Employee will be dismissed and Employees security deposit shall be forfeited. Criminal activity or other conduct seriously jeopardizing any student or staff person, or the reputation the Employer will be cause for immediate dismissal and no warning or time for remedy will be allotted.

6.2 In the event that the Employee voluntarily resigns prior to the termination of the term of this AGREEMENT, the Employee agrees to give minimum of one months notice in writing.

6.3 In the event that the Employee is dismissed for any of the reasons set forth in 6.1 herein above, or the event that the Employee voluntarily resigns prior to the termination of the term of this AGREEMENT, the Employee agrees, and will be obligated to pay Employer a penalty payment for default on contract amounting to 80.000 Won for each month remaining in the contract term at the time of termination. Also, Employer will have no duty and will not obligated to pay the cost of return transportation, nor will Employer be obligated to pay any severance pay.

Penalty clauses are ILLEGAL DUMBASS!


7. COVENANTS

7.1 Employee hereby agrees, covenants, and undertakes that he/she will undertake any teaching duties or employment with any persons or organizations other than the Employer. Failure to comply with this article is cause for immediate dismissal.

7.2 Employee hereby agrees, covenants, and undertakes that at all times during the term of this AGREEMENT or subsequent to the termination of the AGREEMENT the Employee will not use the name of the Employer for business purpose or otherwise and will not represent or hold himself/herself as an authorized representative of the Employer in Korea.

7.3 Unless otherwise agreed to in writing, the Employee understands and accepts that the right to use, sale, distribution, or publication of all original material produced by the Employee during the course of Employees employment, and for which the Employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of Employer.

8. ASSIGNMENT: Any assignment, attempted assignment, transfer, or attempted transfer of this AGREEMENT or of the performance of duties and obligations hereunder will immediately terminate this AGREEMENT, unless the parties hereto expressly agree in writing otherwise.

9. NOTICES: All notice to be given under this AGREEMENT will be given in writing by serving the same upon the person to whom the notice is addressed personally or by registered mail at the address of such party governed in this AGREEMENT, or for Employee once in Korea, as notified to Employer.

10. INDEMNIFICATION CLAUSE

10.1 Employee will indemnify and hold harmless Employer for any damages will Employee may sustain, in any manner, through the misconduct or negligence of Employee.

10.2 Employee will indemnify and hold harmless Employer and Employers representatives from any damages which Employee may sustain, in any manner, through refusal by the Government of Korea to permit entry into the Republic.

11. WAIVER: The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this AGREEMENT will not be construed as waiver of the same or the right of such party to enforce the same.

12. GOVERNING LANGUAGE: This AGREEMENT has been drawn up and has been executed in the English language, and the English language text of this AGREEMENT will govern and prevail over any translations thereof.

13. GOVERNING LAW AND JURISDICTION: This AGREEMENT will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, in connection with, this AGREEMENT.

Employer and Employee have executed this AGREEMENT on the date indicated below, intending to be legally bound hereto, and IN WITNESS WHEREOF, Employer and Employee have appended their signatures.


Employer Employee

Crap contract....anyone who signs crap like this deserves the misery that will ensue!

[chasingdreams]

Thanks everyone....woah! I knew this contract was crap but needed to hear it from the vets! I've emailed the contract back to them with bold red typing all over it to see whether they will rectify the clauses but this is looking like a no no.

Shame, when I spoke to the director of this school she seemed really nice and was sooooo hoping for a good contract because I finish my current job in UK next week and still don't have anything lined up over there! Guess i'm just getting desperate now!

Thanks for the advice - please keep an eye out for any more contracts I post as I could sure do with this sort of advice!

Thanks!

[jacl]

You lost me at 2 million and deposit.

[Milwaukiedave]

Please post who this contract is from. People need to be aware to AVOID THIS SCHOOL AT ALL COST.

I agree with Grotto, anyone who signs this contract deserves what's coming to them.

Unfortuately, I'm sure the school can con most newbies that are coming for the first time to sign it though.

[Grotto]

Chasingdreams avoid using the colour red in dealing with Koreans....there is a cultural taboo against it....that includes marking with a red pen....sending a contract back to them with red all over it would be a big No No!

[Angelus]

read all contracts very carefully and don't settle for something because you're desperate. something better will always come along.

The major flaws:

-Sections 3.2-3.6 are crap...35 hours? extra work in excess of 35 hours can be assigned? must stay there for 35 hours regardless if you have class or not? for 2 mil? no way!
30 hours is the norm nowadays.

-The shared housing isn't desirable

-Section 4.3 paid sick leave is very vague.